Former Haryana Chief Minister Om Prakash Chautala's plea challenging his prosecution in a corruption case on the ground that the sanction to try him was given wrongly has been dismissed by a Delhi court.
Special CBI Judge P. S. Teji rejected Chautala's plea for halting his ongoing trial and discharging him in the case, saying that “no ground is made out for discharge of the accused (Chautala) at this stage”.
“Would cause delay”
“Consequently, the application for discharge of the accused is hereby dismissed,” the judge said, adding that examining his plea, questioning the legality of the grant of sanction to prosecute him at this stage “would cause delay” in reaching the stage of framing of charges in the trial.
Trial proceedings in the case against Chautala will continue.
“This court is of the considered opinion that the arguments advanced by the counsel for the accused for discharge on account of sanction along with other items shall be taken into consideration at the time of passing the order on charge or discharge (the stage of framing of charges) together with all the points,” Teji said.
As per the provisions of the Criminal Procedure Code, the stage of framing of charges happens to be a crucial point during the trial of an accused in a criminal or corruption case.
The court will examine all the documentary evidence against the accused and prosecution witnesses against him to decide if there is sufficient evidence to proceed with the trial against him.
The accused is discharged in case the court finds that there is no sufficient evidence against him.